Traffic Violations FAQ

Frequently Asked Questions

Drunk Driving Laws

If stopped on suspicion of drunk driving, do you have to take the breathalyzer test?

Anyone who operates a motor vehicle on the highways of New Jersey must take a breathalyzer if the police have a reasonable suspicion that you may have been drinking. This suspicion could be from your own admission, from the manner of your driving, or from alcohol on your breath. If you refuse, you will be charged with refusal and probably D.W.I. You have the right to request a blood test, and if you believe you are not intoxicated, you can go to the hospital and request one after the police release you.

Does New Jersey provide for a "Conditional License" if my license is suspended for a DWI (or any other offense)?

No. The license suspension in New Jersey, for any offense, is an absolute suspension. You may not drive for any reason while on the suspended/revoked list. There are no "weekend" or "work" licenses.

How many breath samples must I give?

You are required to give at least two breath samples. You must blow sufficiently into the machine in order for the operator to get a valid reading. Failure to give an adequate breath sample could result in your being cited for refusal to take a breathalyzer test.

What are the penalties for DWI and Refusal to Take a Breathalyzer?

The penalties for both offenses are identical and if convicted of both, the sentence is consecutive.

For the first offense (DWI or Refusal): $250 - $400 fine, $1000 DWI penalty; $50 Violent Crime Compensation Board Penalty; $75 Safe Neighbors Assessment; 3 month to 1 year loss of drivers license; up to 30 days in jail; 12 - 48 hours at the Intoxicated Driver Resource Center. The DMV assesses a surcharge of $3,000 payable over three years.

For a second offense (DWI or Refusal); $500, $1000 DWI penalty; $50 Violent Crime Compensation Board Penalty; $75 Safe Neighbors Assessment; 2 year loss of drivers license; 2 to 90 days in jail; 30 days community service. The DMV assesses a surcharge of $3,000 payable over three years.

For a third or subsequent offense (DWI only): $1,000, $100 DWI penalty; $50 Violent Crime Compensation Board Penalty; $75 Safe Neighbors Assessment; 10 year loss of drivers license; 6 months in jail. The DMV assesses a surcharge of $3,000 payable over three years.

What evidence does the prosecutor need to prove Drunk Driving?

They need to prove that you were operating the motor vehicle, after you consumed an alcoholic beverage, and that at the time of driving, the alcohol consumption had an adverse affect on your ability to operate a motor vehicle. In New Jersey, if your Blood Alcohol Content (B.A.C.) Is .08 percent or higher and you cannot contest the test procedures, then you will be automatically convicted.

What evidence does the prosecutor need to prove that I refused to take the breathalyzer exam?

All the prosecutor has to show (by a preponderance of the evidence) is that you did not agree to take the test. If you remain silent or ask to talk to a lawyer, that would be considered a  refusal. You would be given a second chance to change your mind if you did that, but the offer to take the breathalyzer isn't held open very long. You should always immediately agree to take the test and give valid samples of your breath.

FREQUENTLY ASKED QUESTIONS

Driving While Suspended Or Revoked

What are the penalties for driving while suspended or revoked in New Jersey?

There is a wide range of penalties for these offenses, depending upon how many prior convictions there are for this offense, and depending upon the reason for the suspension.
If it is a first offense, there is a mandatory fine of $500 and up to six months loss of drivers license.

For a second offense, a mandatory $750 fine; up to six months loss of drivers license and between 1 and 5 days in county jail.

For a third or subsequent offense, a mandatory $1,000 fine, up to six months loss of drivers license and ten days in the county jail.

Are there any enhanced penalties associated with this offense?

Yes. Depending on the reason your license was revoked and whether an accident occurred while you were driving while suspended and someone was injured. Contact the law firm for advice concerning your situation.

Frequently Asked Questions

Open Container Of Alcohol

Tell me about the motor vehicle charge of "open container". What are the penalties, and what exactly is this charge all about?

For a first offense, the fine is $200. For a second or subsequent offense, the fine is $250 or community service for 10 days.

You should be aware that the violation is technically not a "open container" but a "consumption of alcoholic beverage by operator or passenger". The police usually write "open container" on the ticket because it's easier and shorter. The fact that you have an open container in the car creates a presumption that you consumed an alcoholic beverage. This is a reputable presumption, however, you could be acquitted of the charge if you didn't actually "consume" the beverage while operating the motor vehicle.

Are there any points assessed against my driver's license for an "open container" charge?

No.